Sulaiman Daud J:

It is to be noted at the outset that the present application was heard together with O.S. No. 24-212-98 (MR), O.S. 24-214-98 (MR) and O.S. 24-266-98 (MR) where the defendant prayed for similar relief to set aside the order of sale and other subsequent orders as set out in each of those application based on similar grounds. The learned counsels for both the defendant and the plaintiff also adopted the submission made in the present application with certain modification according to the facts of each particular case.

In the present application the defendant by way of notice of motion prayed for the following relief against the plaintiff, namely:

(a) that the order of sale dated 6 July 1999 granted by the learned Judicial Commissioner be set aside, struck off or discharged;

(b) that the order made by the learned deputy registrar on 19 June 2000 for the reserve prices to be set at RM69,500 and RM139,000 respectively be set aside, struck off or discharged;

(c) that the order made by the learned senior assistant registrar on 6 July 2001 for the distribution of the proceeds of the alleged auction by tender be set aside, struck off or discharged;

(d) that the purported s